City Council Meeting - AMENDED

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11.C.

Meeting Date:	05/16/2023
Co-Submitter:	Anja Wendel	From:	Stacy Saltzburg, City Clerk

Information

TITLE:

Consideration and Adoption of Resolution No. 2023-23: A resolution of the Flagstaff City Council finding that taking of property interests is necessary for the Milton Road and University Avenue Right-of-Way Project, a public use, and establishing an effective date.

STAFF RECOMMENDED ACTION:

1) Read Resolution No. 2023-23 by title only
2) City Clerk reads Resolution No. 2023-23 by title only (if approved above)
3) Adopt Resolution No. 2023-23

Executive Summary:

The City Council has already approved Ordinance No. 2022-24 and 2023-10 authorizing acquisition of property interests for the Milton Road and University Avenue Right-of-Way Project. However, per advice of outside legal counsel for condemnations, the City Council should make a finding that taking is necessary for a public use. This resolution will accomplish this.

The City has already offered to pay just compensation for necessary property interests based on appraised value. However, the City was not able to timely reach agreements with all property owners for purchase. Project construction started in May 2023. Absent 11th hour agreement(s) for purchase, the City will be filing a condemnation proceedings in order to obtain immediate possession of property interests listed in the resolution so that construction may proceed. If no agreements are reached after filing, the court will determine the just compensation to be paid.

Financial Impact:

Staff has provided information at the December 6, 2022 and April 4, 2023 City Council Meetings related to the property acquisitions for this Project and the financial impact.

Policy Impact:

None

Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:

Safe and Healthy Community -

Foster a safe, secure, and healthy community.
Ensure the built environment is safe through the use of consistent standards, rules and regulations, and land use practices.

Inclusive and Engaged Community -

Advance social equity and social justice in Flagstaff.

Sustainable, Innovative Infrastructure -

Deliver outstanding services to residents through a healthy, well maintained infrastructure system.
Utilize existing long-range plans that identify the community's future infrastructure needs and all associated costs.
Identify smart traffic management, multi modal transportation, and alternative energy opportunities.

Environmental Stewardship -

Implement sustainable building practices and alternative energy and transportation options.
Implement, maintain and further the Climate Action and Adaptation Plan.

Regional Plan Goal T.2 -

Improve transportation safety and efficiency for all modes.

Has There Been Previous Council Decision on This:

Staff has provided information at the December 6, 2022 and April 4, 2023 City Council Meetings related to the property acquisitions for this Project.

Attachments
Res. 2023-23
Exhibit 1: Chart of Properties
Exhibit 1: Legal Descriptions
Exhibit 2: Project Overview